Legal practitioners have to walk through the stench of faeces and urine towards the high courts in Gauteng each morning, and due to limited parking, some return to find their cars have been towed.
An attorney has even resorted to putting razor blades around her car’s badge to prevent it from being stolen again from outside the Johannesburg high court.
Attorneys and advocates spoke to TimesLIVE Premium about their unpleasant experience when heading to the Johannesburg and Pretoria high courts, describing such trips as “a nightmare” and a huge safety concern each morning.
These important courts, among the country’s busiest, are placed in the city centres that are experiencing urban decay, congestion, informal traders, with scores of parking attendants and opportunistic thieves and drug users lurking around.
Johannesburg high court area is a nightmare and a risk
An advocate, who wished to remain anonymous, said driving to the Johannesburg high court was a “nightmare” as it is placed near Smal Street, a highly congested pathway.
“There isn’t sufficient parking for legal representatives so we either need to park in one of the privately owned buildings, which charge exorbitant fees.
“I’ve had an experience where I came out of court and found my car was missing its badge. I had to resort to putting razor blades in the car’s badge because VWs are a target,” she said.
Even if one were to find parking, she said, the short walk towards the court felt unsafe and she always had to be vigilant. Despite Johannesburg metro police department officers stationed outside the court, she said they were too far away to assist should anything happen during the walk on Smal Street.
“The trick to surviving that place is to keep your hands in your pockets and walk like you are fearless. Don’t talk to anyone or drag your feet. Walk with intent and confidence because people can see when you look like you don’t belong in Johannesburg CBD.
“Other than that, the place is so filthy and one has to inhale all those smells in the morning on your way to court. It is honestly located in the worst part of the city. They should find a way to solve this without spending millions,” she said.
Kgwaedi Monare Setlago of Setlago Attorneys said the location of the Johannesburg high court posed a risk to the safety of lawyers who may be targeted for their belongings or even for what took place inside court.
“Its location not only provides a nightmare with regards to aspects of safety for practitioners who are always in possession of high-value items like laptops, iPads and phones which they use for work, but it’s also a nightmare on issues such as security because you are easily exposed to probable harm from those who may be aggrieved by what may have transpired in court,” he said.
Pretoria high court street reeks of faeces, a high tow-away zone
On some days, access to the courts is hindered by protests that often barricade the streets leading up to the Johannesburg and Pretoria high courts.
In August last year, Madiba Street in Pretoria was closed for three days between Bosman and Paul Kruger streets when the Zulu royal family supporters picketed outside the court in support of King Misuzulu KaZwelithini, who was challenged to the throne.
Legal practitioners resorted to parking on curbs and sidewalks and had to walk through a small opening in the fence which was heavily guarded by the police.
Besides this, Madiba Street has limited parking and some lawyers opt to squeeze their cars into open spaces found by a parking attendant. Some have unfortunately returned to find their cars had been towed away.
Such as an attorney, who wished to remain anonymous, who laughed when she recalled how her admission day’s excitement was quickly crushed after discovering their car had been towed away by the Tshwane metro police department (TMPD).
“Our car was towed by TMPD on my admission day (as an attorney), 14 years ago. Imagine getting out of Pretoria high court, robed with excitement to take pictures, only to be disappointed by not finding your car where you had parked it and our wallets were left in the car. That is the reason I don’t have the admission pictures which everyone takes outside the court building,” she said.
Setlago said he once witnessed an advocate rush out of court in his gown as his car was being towed away from the Palace of Justice adjacent to the Pretoria high court.
“Not only did that incident disturb the court proceedings, but it also disturbed a counsel from focusing on his duties as his mind was now focused on the newly accumulated fine by the TMPD ... While the City of Tshwane may be commended for upholding their bylaws, it is legal practitioners who have to discharge their duties at the high court who suffer,” he said.
Danieta Mailula, an attorney who works in Johannesburg and Pretoria, said her laptop was stolen from her car outside the Master’s Office in Pretoria in February last year.
Mailula said she loathed going to the Palace of Justice due to homeless people using the pavement to relieve themselves.
“People are peeing and defecate there and the walk from the high court to the palace is not pleasant at all. You can literally see human faeces all around.”
Attorney Youlander Chaz said she was also exposed to the stench of urine recently when she had to park in a small alley across from the court. However, once she returned to her car, she was threatened by the parking attendants for money.
“I couldn’t find parking so I had to park there. That place smells like urine and there are dodgy people around. When I returned, I found they had apparently washed my car with dirty water and demanded payment. They threatened to block my way if I didn’t pay. I do not feel safe when I go there,” she said.
Setlago said it historically made sense to place the high courts in the city centres, but this has since become unsuitable for legal practitioners.
“As such, the ministry of justice could consider turning the entire precinct of Paul Kruger Square, Palace of Justice, Pretoria high court and surrounding streets, into a court/justice city, and adequately demarcate the area for safety and security issues.”
With regards to the Johannesburg high court, Setlago said the ministry should consider completely new infrastructure for a high court division that will cater for all stakeholders’ safety, security and operational demands.
This perception of safety near the two high courts is also experienced by users of other courts in urban areas.
The Isidima magistrate’s court user survey report 2023, released on Wednesday, found that 73% of users surveyed agreed that they felt safe outside around the magistrate’s court building. This is in contrast to the 81% who feel very safe or fairly safe walking alone during the day in their home area, according to the Statistics South Africa’s 2022/23 Governance, Public Safety and Justice survey.
The Isidima report of six courts in two provinces, released by the Democratic Governance and Rights Unit (DGRU) at the University of Cape Town, said this suggests that the area outside courts is less likely to feel safe than a person’s own area. “This may relate to the fact that courts are often located in busy urban areas,” the report said.
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